Trusts and Succession Bill passed

Minister for Victims and Community Safety Siobhian Brown has welcomed the Scottish Parliament’s backing for new laws that will prevent killers from acting as an executor on their victim’s estate.

MSPs voted unanimously to pass the Trusts and Succession (Scotland) Bill, which will close this loophole, allowing a court to remove someone convicted of murder or culpable homicide from a previously nominated role of executor.

The Bill, introduced to Parliament by the Scottish Government earlier this year, aims to modernise long-standing laws governing the operation of trusts, including the powers and duties of trustees and powers of the court in trust matters and administration.

Victims and Community Safety, Minister Siobhian Brown said: 

“I am pleased that we have been able to address this important issue through the Bill, now passed by Parliament.  This change in the law follows the murder of Carol Taggart by her son, who was also her executor.  I am grateful to Carol’s friends and family for raising this issue – the change will make it possible to prevent what has happened in the past from happening in future.

“More generally, there is consensus that the law in Scotland on trusts is outdated and this legislation, developed by the Scottish Law Commission, will make a significant and positive difference for those who use them.”

The Bill is expected to receive Royal Assent early next year.

Background

It will be for the courts to apply the law in individual cases. Courts will be able to take account of convictions that pre-date the Act coming into force.